Virginia's Law
Officially: “Virginia's Law” Read the full text
What it does
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1Short title
This section would give the Act the official short title "Virginia's Law."
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1. Short title This Act may be cited as Virginia's Law .
2Civil remedies
This section would add a new civil lawsuit right under two chapters of title 18, covering "Sexual abuse" and "Transportation for illegal sexual activity and related crimes," using the bill's own labels for those parts. It would add a new section 2249 to chapter 109A (sexual abuse). Under it, a victim of any violation of that chapter could bring a civil action against the perpetrator, or against anyone who knowingly benefited, or attempted or conspired to benefit, financially or by receiving anything of value from taking part in a venture that person knew or should have known had violated the chapter. The lawsuit could be filed in any federal district court with jurisdiction to hear a criminal prosecution arising from the same conduct or occurrence, and the victim could recover damages and reasonable attorneys fees. The civil action would have to be stayed (paused) while any criminal action arising from the same occurrence, in which the claimant is the victim, is still pending; for this purpose a criminal action includes the investigation and prosecution and stays pending until final adjudication in the trial court. Except as described next, the lawsuit would have to be filed within the later of 10 years after the cause of action arose, or, if the victim was a minor at the time of the alleged offense, 10 years after the victim turns 18. There would be no time limit at all for a lawsuit under this new section relating to an alleged violation of section 2241, 2242, or 2243. The section would also add a matching new section 2430 to chapter 117 (transportation for illegal sexual activity and related crimes), giving victims of any violation of that chapter the identical civil lawsuit right against the perpetrator or a knowing financial beneficiary, in the same type of court, with the same stay-during-criminal-case rule and the same 10-year or age-18 filing deadline, except that there would be no time limit for a lawsuit relating to an alleged violation of section 2421, 2422, or 2423. Finally, this section would update the table of sections for both chapter 109A and chapter 117 to list the new civil remedy provisions (2249 and 2430).
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2. Civil remedies (a) Sexual abuse (1) In general Chapter 109A of title 18, United States Code, is amended by adding at the end the following: 2249. Civil remedy (a) An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, or attempts or conspires to benefit, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in any district court of the United States that has jurisdiction to hear a criminal prosecution arising out of the same conduct or occurrence and may recover damages and reasonable attorneys fees. (b) (1) Any civil action filed under subsection (a) shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. (2) In this subsection, the term criminal action includes investigation and prosecution and is pending until final adjudication in the trial court. (c) (1) Subject to paragraph (2), no action may be maintained under subsection (a) unless it is commenced not later than the later of— (A) 10 years after the cause of action arose; or (B) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense. (2) There shall be no time limit for the filing of a complaint commencing an action under this section relating to an alleged violation of section 2241, 2242, or 2243. . (2) Clerical amendment The table of sections for chapter 109A of title 18, United States Code, is amended by adding at the end the following: 2249. Civil remedy. . (b) Transportation for illegal sexual activity and related crimes (1) In general Chapter 117 of title 18, United States Code, is amended by adding at the end the following: 2430. Civil remedy (a) An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, or attempts or conspires to benefit, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in any district court of the United States that has jurisdiction to hear a criminal prosecution arising out of the same conduct or occurrence and may recover damages and reasonable attorneys fees. (b) (1) Any civil action filed under subsection (a) shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. (2) For purposes of this subsection, a criminal action — (A) includes investigation and prosecution; and (B) is pending until final adjudication in the trial court. (c) (1) Except as provided in paragraph (2), no action may be maintained under subsection (a) unless it is commenced not later than the later of— (A) 10 years after the cause of action arose; or (B) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense. (2) There shall be no time limit for the filing of a complaint commencing an action under this section relating to an alleged violation of section 2421, 2422, or 2423. . (2) Clerical amendment The table of sections for chapter 117 of title 18, United States Code, is amended by adding at the end the following: 2430. Civil remedy. .
3Elimination of statute of limitations
This section would change section 1595 of title 18 in two ways. First, a civil action under that section could be filed only in a federal district court that has jurisdiction to hear a criminal prosecution arising out of the same conduct or occurrence, replacing the previous "appropriate district court" standard. Second, it would keep the existing filing time limits in section 1595(c) in place, renumbered as subparagraphs (A) and (B) under a new paragraph (1), but add a new exception: there would be no time limit at all for filing a lawsuit under section 1595 relating to an alleged violation of section 1589, 1590, or 1591.
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3. Elimination of statute of limitations Section 1595 of title 18, United States Code, is amended— (1) in subsection (a), by striking an appropriate district court of the United States and inserting any district court of the United States that has jurisdiction to hear a criminal prosecution arising out of the same conduct or occurrence ; and (2) in subsection (c)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (B) in the matter preceding subparagraph (B), as so redesignated, by striking (c) No action and inserting the following: (c) (1) Subject to paragraph (2), no action ; and (C) by adding at the end the following: (2) There shall be no time limit for the filing of a complaint commencing an action under this section relating to an alleged violation of section 1589, 1590, or 1591. .
4Applicability
This section would set out when the Act and its amendments apply. Subject to the lookback rule described next, the Act and its amendments would apply to any claim or action that, as of the date of enactment, would not yet have been barred under section 1595(c) of title 18 as it read the day before enactment, and to any claim or action arising on or after the date of enactment. The section would also create a 1-year lookback period. A "covered action" would mean either a civil action that could have been brought on the day before enactment under new section 2249 or 2430 of title 18 if that section had already been in effect, or a civil action under section 1595 relating to an alleged violation of section 1589, 1590, or 1591 that was barred under section 1595(c) as it read the day before enactment; a covered action would also include an action of that second kind that was dismissed before enactment because of that prior time limit. Notwithstanding any other law, a covered action could be commenced during the 1-year period beginning on the date of enactment.
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4. Applicability (a) In general Subject to subsection (b), this Act and the amendments made by this Act shall apply to— (1) any claim or action that, as of the date of enactment of this Act, would not have been barred under section 1595(c) of title 18, United States Code, as in effect on the day before the date of enactment of this Act; and (2) any claim or action arising on or after the date of enactment of this Act. (b) 1-Year look back period (1) Covered action defined In this subsection, the term covered action — (A) means— (i) a civil action that could have been brought on the day before the date of enactment of this Act under section 2249 or 2430 of title 18, United States Code, as added by this Act, if that section had been in effect on that day; and (ii) a civil action under section 1595 of title 18, United States Code, relating to an alleged violation of section 1589, 1590, or 1591 of that title that was barred under section 1595(c) of that title as in effect on the day before the date of enactment of this Act; and (B) includes a civil action described in subparagraph (A)(ii) that was dismissed before the date of enactment of this Act on the basis of the time limit imposed on commencing an action under section 1595(c) of title 18, United States Code, as in effect on the day before the date of enactment of this Act. (2) Filing period Notwithstanding any other provision of law, a covered action may be commenced during the 1-year period beginning on the date of enactment of this Act.
Where it is
In the Senate.